Maharashtra State Road Development Corporation v. Kaulgud Construction Pvt. Ltd. And ORS.

16.2-IA-17449-2022-COMFA-7-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 17449 OF 2022 (FOR STAY) IN COMMERCIAL FIRST APPEAL NO. 7 OF 2022 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2024.03.04 19:16:32 +0530 SHRADDHA KAMLESH TALEKAR Maharashtra State Road Development Corporation .. Applicant In the matter between :

Maharashtra State Road Development Corporation .. Appellant

Versus

1] Kaulgud Construction Pvt. Ltd.

& 2 Ors.

...Respondents

Dr.Veerendra Tulzapurkar, Senior Advocate with Mr.Prashant Chawan, Reshmarani Nathani, Keshav Tripathi, J. Kapadia i/b Little & Co., Advocate for Appellant-MSRDC.

Mr.M.L. Patil, Advocate for Respondents.

CORAM : B.P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE :

FEBRUARY 29, 2024.

P C :

1.

The above Interim Application is filed by the Appellant seeking the the following relief :

A) Pending the hearing and final disposal of Commercial February 29, 2024 Shraddha Talekar, PS

16.2-IA-17449-2022-COMFA-7-2022.doc First Appeal, this Honourable Court be pleased to grant interim relief by granting stay to the impugned Judgment and Decree dated 24th February 2022 passed by learned District Judge-2, Sangli at Sangli in Special Civil Suit (Commercial) No.5 of 2018.

2.

Pursuant to the order dated 18th October 2023, the Appellant has deposited the entire amount of Rs.35,32,74,343/- due under the decree dated 24th February 2022 in this Court. Since the entire amount is deposited, the above Interim Application is allowed in terms of prayer clause (A) reproduced hereinabove.

3.

The Interim Application is disposed of. No order as to costs. 4.

Assistant of this Court. All concerned will act on production by fax or [ SOMASEKHAR SUNDARESAN, J. ] [ B.P. COLABAWALLA, J. ] February 29, 2024 Shraddha Talekar, PS